Judge recuses himself in Danville clerk case

By: John Crane | GoDanRiver
Published: May 30, 2009

Danville General District Court Judge Lee Stilwell has recused himself from hearing the misdemeanor stalking case against Danville’s Clerk of the Circuit Court, Gerald Gibson.

Stilwell will not hear the case against Gibson, who has served as Danville’s clerk of the circuit court since 1980.

Stilwell removed himself because Gibson is a constitutional officer, the two work in the same building and it would be inappropriate for Stilwell to preside over the case, said Danville General District Court Clerk Julie Carlisle.

She added that the Virginia Supreme Court will appoint a judge to try Gibson’s case in General District Court. Carlisle said she has been instructed not to release any information about the case.

Luis Abreu is Gibson’s attorney.

“We trust that fairness will prevail and the right decisions will be made,” Abreu said Friday. Abreu declined to comment further about the case.

Police served a warrant on Gibson Thursday for a single offense of stalking, a Class 1 misdemeanor.

Barbara Burkett is listed as the person who filed the complaint, according to the Virginia Courts information Web site. The date of the offense was listed as May 24.

A message left for Burkett on Friday was not returned by Friday evening.

Gibson was first elected as clerk of circuit court in Danville in 1979 and re-elected in 1987, 1995 and 2003. His seat is up for election in 2011.